If you were hit by a car while biking or walking in Arizona, you generally have the right to file a claim against the driver’s insurance for medical bills, lost income, and pain and suffering — even if you weren’t fully following traffic laws yourself, thanks to Arizona’s comparative negligence rule. Because these injuries tend to be more severe than in car-on-car collisions, the claim usually requires more medical documentation and a closer look at who had the right of way.

Phoenix and Tucson are both growing more bike- and pedestrian-friendly, and both cities also see a steady stream of drivers who simply aren’t looking for cyclists or people on foot — especially at intersections, in parking lots, and along roads without dedicated bike lanes. If this happened to you, here’s what actually matters for your claim.

Why These Cases Are Different From a Typical Car Accident

In a car-on-car crash, both people are protected by a couple thousand pounds of steel. In a bicycle or pedestrian accident, one person has none of that protection. The result is usually more serious injuries — fractures, head trauma, spinal injuries — and a longer, more expensive recovery. Insurance companies know this, which is exactly why they scrutinize these claims harder and look for any excuse to shift blame onto the cyclist or pedestrian.

Who’s Usually at Fault?

Fault comes down to the specific facts, but a few patterns show up constantly in Phoenix and Tucson claims:

• Failure to yield at intersections or when turning. Drivers making a right or left turn frequently don’t check for cyclists or pedestrians already in the crosswalk or bike lane.
• Distracted driving. A driver glancing at a phone is far less likely to notice someone on a bike or on foot than another vehicle.
• Dooring. A driver or passenger opening a car door into a bike lane without checking for oncoming cyclists.
• Backing out of driveways or parking spots without checking for pedestrians on the sidewalk.
• Speeding through areas with foot or bike traffic, particularly near schools, parks, and business districts.

What If I Wasn’t in a Crosswalk or Bike Lane?

This is one of the most common concerns people raise, and it doesn’t automatically end your claim. Arizona follows a pure comparative negligence rule — the same rule that applies to car accidents. If you were partially at fault (for example, crossing mid-block), your compensation may be reduced by your percentage of fault, but you can still recover damages as long as the driver bears some responsibility too. Don’t assume you have no case just because you weren’t perfectly positioned.

What Compensation Can I Recover?

A bicycle or pedestrian accident claim can include:

• Emergency and ongoing medical treatment
• Surgery, physical therapy, and future care costs
• Lost income, including reduced future earning capacity for serious injuries
• Dolor y sufrimiento
• Property damage (your bicycle, phone, or other belongings damaged in the crash)

Because injuries in these cases tend to be more severe, the value often runs higher than a comparable car-accident claim — but insurers also fight harder to minimize it, which makes documentation and legal representation especially important.

What Should I Do Right After the Accident?

• Call 911 and get a police report, even if you think you can “walk it off.”
• Get checked by a medical professional — head and spinal injuries especially can be delayed in showing symptoms.
• Photograph the scene, your bike or damaged belongings, the vehicle, and any visible injuries.
• Get the driver’s insurance information and contact information for any witnesses.
• Avoid giving a recorded statement to the driver’s insurance company before speaking with an attorney.

Get Help After a Bicycle or Pedestrian Accident

At Ruben Law Group, we offer free, no-obligation consultations for bicycle and pedestrian accident victims across Phoenix and Tucson. Se habla español, and there’s no fee unless we recover for you.

Preguntas frecuentes

Can I still make a claim if I wasn’t wearing a helmet?
In most cases, yes. Arizona doesn’t have a universal adult helmet law, and not wearing one typically doesn’t bar your claim, though it could be raised regarding certain head-injury damages. An attorney can walk you through how this applies to your specific situation.

What if the driver who hit me doesn’t have insurance?
If you have an auto insurance policy of your own — even as a pedestrian or cyclist — your uninsured/underinsured motorist coverage may apply. This is often overlooked and worth reviewing with an attorney.

How long do I have to file a claim after a bicycle or pedestrian accident in Arizona?
Arizona’s statute of limitations for a personal injury claim is generally two years from the date of the accident. Given how document-intensive these claims tend to be, it’s best to start the process as early as possible.

Is a pedestrian always assumed to be right in a crash with a car?
No. Fault is based on the specific facts — who had the right of way, whether either party violated a traffic law, and the conditions at the time. That’s why an early investigation matters, before evidence and witness memory fade.

Call our Phoenix office at (623) 777-3405 or our Tucson office at (520) 777-1828 for a free consultation. We’re available 24 hours on call — and you pay nothing unless we recover for you.

This article is for informational purposes only and does not constitute legal advice. Every case is different — contact an attorney to discuss your specific situation.